M/S METAL JUNCTION, MUMBAI V. ITO - WARD - 19(2)(3), MUMBAI

ITA 3700/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 8688 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 28-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY J SETHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC, MUMBAI , ! BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER . 3700 / / 2019 (%. .2009-10 ) ITA NO. 3700/MUM/2019 (A.Y.2009-10) . 3701 / / 2019 (%. .2010-11 ) ITA NO. 3701/MUM/2019 (A.Y.2010-11) M/S. METAL JUNCTION, 438, OFFICE N O.202, 2 ND FLOOR, IRANI BLDG., ROCKFORD HOUSE,PATHE BAPURAO MARG, ISLAMPUR STREET, MUMBAI 400 004 PAN:AANFM3000D / VS. : / APPELLANT ITO WARD -19(2)(3), ROOM NO.221, 2 ND FLOOR, MATRU MANDIR, GRANT ROAD, MUMBAI 400 007 : / RESPONDENT ASSESSEE BY : SHRI RUSHABH MEHTA REVENUE BY : SHRI SANJAY J SETHI / DATE OF HEARING : 05/01/2021 / DATE OF PRONOUNCEMENT : 05/01/2021 / ORDER THESE TWO APPEALS BY THE ASSESSEE ARE DIRECTED A GAINST THE ORDERS OF COMMISSIONER OF INCOME TAX (APPEALS)-18, MUMBAI ( I N SHORT THE CIT(A)) FOR THE ASSESSMENT YEARS 2009-10 AND 2010-11, RESPECTIVELY. BOTH THE IMPUGNED ORDERS ARE OF EVEN DATE I.E. 14/03/2019. 2 ITA NO. 3700/MUM/2019 (A.Y.2009-10) ITA NO. 3701/MUM/2019 (A.Y.2010-11) 2. SHRI RUSHABH MEHTA, AUTHORIZED REPRESENTATIVE OF THE ASSESSEE HAS FILED A LETTER DATED 05/01/2021 INTIMATING THAT THE ASSES SEE HAS OPTED FOR VIWAD SE VISHWAS SCHEME, 2020( IN SHORT VSVS) AND HAS MAD E DECLARATION IN THE PRESCRIBED FORM NO. 1 & 2, HENCE, THE ASSESSEE WANTS TO WITHDR AW THE APPEALS. THE RELEVANT EXTRACT OF THE LETTER IS REPRODUCED HEREIN BELOW: DEAR SIR, REG: ITA NO. 3700/MUM/2019 (A.Y. 2009-10) AND ITA NO. 3701/MUM/2019 (A.Y. 2010-11} PAN: AANFM3000D DATE OF HEARING - 05.01.2021 SUB: WITHDRAWAL OF APPEAL SUBJECT TO VSVS FORM BEING PROCESSED WITH REFERENCE TO THE ABOVE CAPTIONED APPEALS HEARI NG OF WHICH IS FIXED TODAY I.E. 05.01.2021; I, THE AUTHORIZED REPRESENTATIVE OF THE APPELLANT, WISH TO SUBMIT AS UNDER:- IT MAY PLEASE BE NOTED THAT IN REGARD TO BOTH THE A FORESAID APPEALS I.E. FOR A.Y. 2009-10 AND 2010-11, THE APPELLANT HAS FILED THE FORM NO. 1 AND 2 UNDER THE DIRECT TAX VIVAD SE VISHWAS SCHEME (FOR SHORT, DTVSVS) AND IS PRESENTLY AWAITING THE FORM NO. 3. A CCORDINGLY, I WISH TO WITHDRAW THE SAID APPEALS SUBJECT TO THE FACT THAT THE APPELLANT IS ALLOWED T HE BENEFIT UNDER THE DTVSVS. IN VIEW OF THE ABOVE, I HUMBLY REQUEST YOUR HONOUR TO DISMISS MY APPEALS AS WITHDRAWN WITH A LIBERTY TO REVIVE THESE APPEALS IN CASE MY APPLICATION UNDE R THE DTVSVS FOR THESE YEARS IS LATER REJECTED FO R WHATEVER REASONS. THANKING YOU, YOURS FAITHFULLY, FOR METAL JUNCTION SD/- CA RUSHABH MEHTA 3. SHRI SANJAY J SETHI, REPRESENTING THE DEPARTM ENT STATED THAT THE DEPARTMENT HAS NO OBJECTION IF THE ASSESSEE WANTS TO WITHDRAW APPEALS TO AVAIL THE BENEFIT OF VSVS. 4. HEARD. IN VIEW OF THE FACT THAT THE ASSESSEE HAS OPTED FOR VSVS, AND WANTS TO WITHDRAW APPEALS, THE APPEALS BY ASSESSEE ARE DISMISSED AS WITHDRAWN AT THIS STAGE. 3 ITA NO. 3700/MUM/2019 (A.Y.2009-10) ITA NO. 3701/MUM/2019 (A.Y.2010-11) 5. LIBERTY IS GRANTED TO THE ASSESSEE TO REVIVE THE APPEALS IN THE EVENT APPLICATION FILED BY THE ASSESSEE UNDER VSVS FAILS TO MATURE. IT IS FURTHER MADE CLEAR THAT IF THE ASSESSEE /APPELLANT SEEKS TO RESTORE TH E APPEAL IN THE EVENT ASSESSEES DECLARATION MADE UNDER VSVS IS NOT ACCEPTED, THE RE GISTRY SHALL NOT INSIST FOR FILING OF APPLICATION FOR CONDONATION OF DELAY, IF THE MISCEL LANEOUS APPLICATION FOR RECALLING THE ORDER IS FILED BEYOND TIME ON ACCOUNT OF DELAY IN COMMUNICATION OF OUTCOME UNDER VSVS. [ RE. M/S. NANNUSAMY MOHAN(HUF) VS. AC IT IN T.C.A NO.372 OF 2020 DECIDED ON 16/10/2020 BY HONBLE MADRAS HIGH COURT ] 6. THE APPEALS OF ASSESSEE ARE DISMISSED AS WITHDR AWN WITH THE LIBERTY AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON TUESDAY, THE 05 TH DAY OF JANUARY, 2021. SD/- (VIKAS AWASTHY) / JUDICIAL MEMBER / MUMBAI, (%/ DATED: 05/01/2021 VM , SR. PS(O/S) COPY OF THE ORDER FORWARDED TO : 1. ) / THE APPELLANT , 2. *+ / THE RESPONDENT. 3. ,+ ( )/ THE CIT(A)- 4. ,+ CIT 5. -.*+% , . . . , / DR, ITAT, MUMBAI 6. ./012 / GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI